Laserfiche WebLink
<br />violation took place and so that it may resolve once and for all the issue first raised by the <br />Tatums and pursued by the Division and the Board. <br />PARTIES, JURISDICTION, AND VENUE <br />Basin is the operator of the Golden Eagle Mine, located in Las Animas County, <br />Colorado. <br />2. Based on a complaint from the Tatums, the Division conducted an inspection on <br />October 25, 2000 and issued a Notice of Violation to Basin. <br />3. Basin contested the Notice of Violation by timely seeking review of that NOV by <br />the Board pursuant to Colo. Rev. Stat. § 34-33-124. <br />4. The Tatums participated in the Board proceedings as parties. <br />5. After a lengthy procedural effort, including an interlocutory appeal to this Court, <br />the Board issued an order effective June 11, 2001 vacating an eazlier Board decision and <br />vacating the Notice of Violation without prejudice. A copy of the Board's order of June 11, <br />2001 (the "Board Order") is attached as Exhibit A to this Petition. <br />6. The Court has jurisdiction to review the final orders of the Mined Land <br />Reclamation Board pursuant to Colo. Rev. Stat. § 34-33-128 and Colo. Rev. Stat. § 24-4-106. <br />Pursuant to Colo. Rev. Stat. § 34-33-128(1), venue is properly in this court. <br />FACTS AND REGULATORY FRAMEWORK <br />8. The Tatums own property located at 12630 Highway 12, Weston, Colorado. The <br />property includes a stucco covered adobe house. <br />9. Several years ago, the Tatums first initiated proceedings against Basin by bringing <br />a lawsuit against Basin in this Court alleging that subsidence from the Golden Eagle Mine had <br />damaged their house. In Tatum v. Basin Resources, Inc., Case No. 92 CV 127 (1997), this Court <br />awarded a moneyjudgment of $48,000 to the Tatums to compensate them for the diminished fair <br />mazket value of their house related to subsidence damages, and Basin fully satisfied that <br />judgment in 1997. <br />10. Simultaneously with their civil action against Basin, [he Tatums also pursued an <br />administrative enforcement action against Basin. The Division and the United States Office of <br />Surface Mining Reclamation and Enforcement ("OSM") had conducted a series of investigations <br />at the Tatum property and had determined that the property had not been damaged by subsidence <br />from the Golden Eagle Mine. The Tatums sought review of this determination from the Interior <br />Boazd of Land Appeals (IBLA). Based on this Court's decision in Tatum v. Basin Resources, <br />Inc., the IBLA determined that OSM should have found a violation of federal coal regulations. <br />Jim and Ann Tatum, I51 IBLA 286 (Jan. 5, 2000), on reconsideration July 26, 2000. As a result <br />